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Sirs/Mesdames:
3aepublir of tbe QCourt
ENBANC
NOTICE
Please take notice that the Court en bane issued a Resolution
dated JUNE 5, 2013, which reads as follows:
"G.R. Nos. 206844-45 (Coalition of Associations of Senior
Citizens in the Philippines, Inc. [Senior Citizens Party-List/,
represented herein by its Chairperson & lsr Nominee, Francisco
G. Datol, Jr. vs. Commission on Elections) and G.R. No. 206982
(Coalition of Associations of Senior Citizens in the Philippines,
Inc. [Senior Citizens/, represented by its President and Incumbent
Representative in the House of Representatives, Atty. Godofredo V.
Arquiza vs. Commission on Elections). - WHEREAS, on May 29, 2013,
the Chief Justice issued a Temporary Restraining Order (TRO) in
these cases (a) ordering the consolidation of above-captioned
cases; (b) directing the respondent COMELEC to comment on the
petitions and the supplemental petition within a non-extendible
period of ten ( 1 0) days from notice; and (c) ordering the
COMELEC, its agents, representatives, or persons acting in its
place or stead to cease and desist from further proclaiming winners
from among the party-list candidates;
WHEREAS, in the interim, petitioner in G.R. Nos. 206844-45 filed
a Most Urgent Motion for Issuance of an Order Directing Respondent
to Proclaim Petitioner Pendente Lite dated June 3, 2013;
WHEREAS, on June 4, 2013, the TRO dated May 29, 2013 was
submitted to the Court En Bane for confirmation;
After due deliberation, the Court En Bane resolved as
follows:
(a) The COMELEC, its agents, representatives, and/or persons
acting in its place or stead are directed to refrain from
implementing the assailed COMELEC Omnibus Resolution promulgated on
May I 0, 2013 in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM),
insofar as the COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC. is concerned and to observe the status quo ante
before the issuance of the assailed COMELEC Resolution; ft-
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Notice of Resolution - 2 - G.R. Nos. 206844-45 & G.R. No.
206982
June 5, 2013
(b) The COMELEC shall reserve the seat(s) intended for
petitioner COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC. according to the votes it garnered in the May 13,
2013 elections; however, the proclamation insofar as petitioner is
concerned shall be held in abeyance until the present petitions are
decided by this Court; and
(c) Acting on the Most Urgent Motion for Issuance of an Order
Directing Respondent to Proclaim Petitioner Pendente Lite, the same
is denied for lack of merit.
Previous orders, resolutions or issuances of the Court in these
consolidated cases are superseded only insofar as they may be
inconsistent with the present resolution." Carpio, J., on official
leave. Velasco, Jr., J., no part. (adv4)
Very truly yours,
(with Separate Concurring Opinion of Associate Justice Arturo D.
Brion)
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Notice ofResolution
Atty. ROMEO C. MANALO (x) Counsel for Petitioner/206844-45 S-307
The One Executive Office Building No.5 West Avenue Quezon City
Atty. HERNAN G. NICDAO (x) Counsel for Petitioner/206982 Nicdao
Law Office 401 West Trade Center 132 West Avenue Quezon City
PUBLIC INFORMATION OFFICE (x) Supreme Court
- 3 - G.R. Nos. 206844-45 & G.R. No. 206982
June5,2013
COMMISSION ON ELECTIONS (x) Palacio del Gobernador Building Gen.
Luna St. cor. Andres Soriano, Jr. Ave. Intramuros,,Manila
The SOLICITOR GENERAL ( >t) 134 Amorsolo St., Legaspi Village
Makati City
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G.R. Nos. 206844-45- Coalition of Associations of Senkn Citizens
in the ) 1hilippiues, lnc. (Senior Citizt'us Party-List),
represented herein by its Cb:1irperson and ist Nominee, Framisco G.
D!.ttol, Jr. v. Commission on Elections.
G.R. No. 206982 - Coalition of Associations of Citizens in the
Philippines, Iuc. {Seujor Cirizcns)) reprcsentPC1 hy its President
and Jucumhcnt Rt>prescntative iu the House of Representatives,
Atty. Godofredo V. Arquiza l'. Commission on
G.H. Ntt. 206952 - Ahang Lingkod Part)'-List (Abang Linglwd) v.
Comm;ssioa.
G.R. No. 2069B7 - Alliance for and Democracy (ANAlJ) v. Ctm
mission on Elections.
G.R. No. 20o9RH - Binhi-Partido ng mga Magsasaka para sa mga
J\lagsasak
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Sep:1r;He Connming Opinior:. ; U.R. i"JL'S. & G.R. No.
206'JR2 ( I.R. Nos. 2069:'-2. & 20G9SX
(DANA T) v. Commission on ElecTions. 1 This determination
requires the identification of tbe qualitied [X1rty-llst groups
participating in the elections anct the aggregation of tlleit-
t')t;:;l votes 1.:0 sene as the common denomir:ator in determining
the percentage of the vntes ob1ained by each party-list group.
2. A situation there are still pending disCJualification cases
before the COIVfELEC or before this Court signitics that the
party-list gronps involved have not effectively and finally been
disqualified - the situation before the COMELEC issued its assuilcd
disqualification rulings. J'v1ore impmi.8ntly, the situ at ion
me:ms that: at this point, all the winning party-list candidates
have not been identified and the total nHmber of votes eRst for all
qualified pa11iciprrting patiy-list groups is not yet
avsilnble.
\Vitbout this total number, the COJ\!IELEC has not definitively
established who the wim1ing party-list groups are, as all
parUcipating pa1iies are affected by the total nurnber of votes
cast for all participating and qualified party-list groups -the
common denominator the law requires to be uscJ. I SC1)' this \Vith
due recognition 1 h8t the cor.,JELEC, in the exercise of its
constitutional dULies and prerogatives, has the discretion to
procl8i 111 party-list groups that- from its preliminary
computations- appear to have passed the two percent (2%) threshold
and those who have earned for themselves additional seats up to a
maximum of three (3). The COl\JFLEC undertakes its proclamations
however, without the element of finality since the tallies on which
the proclam8tions are based are not yet final. The proclaimed
party-list groups should be aware of the tentative nature of tbcir
proclamations since these may be affected by the final tally based
on the final comrnon denominator to be used.
3. Thus, based on our tina] rulings on the disqualification
cases before us and on whether these paliy-1ist groups shall
qualifY or not, the votes for these party-llst groups should be
included or excluded in the reckoning of the final common
denominator required to be used. From the perspective of the SQAO
or TRO prayed tor, even if no issuance is made in any of these
c::1ses, a final mling that these party-list groups qualify means
that their votes shall be included in the tally with the potential
effect of affecting the percentages of all other party-list groups,
even of those who have alre8dy heen proclaimed. The qualified
petitioners may also be declared entitled to seats ifthejr votes
and percentages so vvarrant.
1 G.R. Nn. 179295, April 21, 2009, 5RG SCRA 21 i.
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Concurring Opinion J c;.R. No.;. 706844-45 & Cl.R. No.
206982 1'\ls. 206')'i2, 206987 & 206CjgS
] n this light and to send a signal to CO}.!fELEC of the Court's
thinking on the matter, pm-riculm-ly on how zealous \\'e sb(lll be
in following the tenns of I tind it more prudent to issue an SQAO
in all the pending cases before us and to direct the that proper
reservation of seats shoutcl be n18de 1n the meanwhile tor the
petitior,ing pmty-list grmqrs, pending final tolly ofthe tot3l
votes cast for all participating qualified party-list groups. With
these said, 1be COMELEC shol!ld now properly be on
of the consequences of our prelin1inary action on these
cases.
AHTlTRO n. llRION Associate Justice
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1\epublic of tbe QI:ourt
JM.anila
ENBANC
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES,
INC. [SENIOR CITIZENS PARTY-LIST], represented herein by its
Chairperson & I st Nominee, FRANCISCO G. DA TOL, JR.
Petitioner,
-versus-
COMMISSION ON ELECTIONS, Respondent.
X------------- ---------X
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES,
INC. [SENIOR CITIZENS], represented by its President and Incumbent
Representative in the House of Representatives, A TTY. GODOFREDO V.
ARQUIZA ,
Petitioner,
-versus-
COMMISSION ON ELECTIONS, Respondent.
X - - - - - - - - - - - - - - - - - - - - - - X
TO: COMMISSION ON ELECTIONS (x) Intramuros, Manila
G.R. Nos. 206844-45
G.R. No. 206982
STATUS QUO ANTE ORDER
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Status Quo Ante Order
GREETINGS:
G.R. Nos. 206844-45 & G.R. No. 206982
June 5, 2013
WHEREAS, the Supreme Court, on June 5, 2013, adopted a
resolution in the above-entitled case, to wit:
G.R. Nos. 206844-45 (Coalition of Associations of Senior
Citizens in the Philippines, Inc. [Senior Citizens Party-List],
represented herein by its Chairperson & 1sT Nominee, Francisco
G. Datol, Jr. vs. Commission on Elections) and G.R. No. 206982
(Coalition of Associations of Senior Citizens in the Philippines,
Inc. [Senior Citizens], represented by its President and Incumbent
Representative in the House of Representatives, Atry. Godofredo V.
Arquiza vs. Commission on Elections). - WHEREAS, on May 29, 2013,
the Chief Justice issued a Temporary Restraining Order (TRO) in
these cases (a) ordering the consolidation of above-captioned
cases; (b) directing the respondent COMELEC to comment on the
petitions and the supplemental petition within a non-extendible
period of ten ( 1 0) days from notice; and (c) ordering the
COMELEC, its agents, representatives, or persons acting in its
place or stead to cease and desist from further proclaiming winners
from among the party-list candidates;
WHEREAS, in the interim, petitioner in G.R. Nos. 206844-45 filed
a Most Urgent Motion for Issuance of an Order Directing Respondent
to Proclaim Petitioner Pendente Lite dated June 3, 2013;
WHEREAS, on June 4, 2013, the TRO dated May 29, 2013 was
submitted to the Court En Bane for confirmation;
After due deliberation, the Court En Bane resolved as
follows:
(a) The COMELEC, its agents, representatives, and/or persons
acting in its place or stead are directed to refrain from
implementing. the assailed COMELEC Omnibus Resolution promulgated
on May 10, 2013 in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM),
insofar as the COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC. is concerned and to observe the status quo ante
before the issuance of the assailed COMELEC Resolution;
(b) The COMELEC shall reserve the seat(s) intended for
petitioner COALITION OF ASSOCIATIONS OF
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Status Quo Ante Order G.R. Nos. 206844-45 & G.R. No.
206982
June 5, 2013
SENIOR CITIZENS IN THE PHILIPPINES, INC. according to the votes
it garnered in the May 13, 2013 elections; however, the
proclamation insofar as petitioner is concerned shall be held in
abeyance unti I the present petitions are decided by this Court;
and
(c) Acting on the Most Urgent Motion for Issuance of an Order
Directing Respondent to Proclaim Petitioner Pendente Lite, the same
is denied for lack of merit.
Previous orders, resolutions or issuances of the Court in these
consolidated cases are superseded only insofar as they may be
inconsistent with the present resolution. Carpio, J., on official
leave. Velasco, Jr., J., no part. (adv4)
NOW, THEREFORE, effective immediately and continuing until
further orders from this Court, You, COMMISSION ON ELECTIONS, your
agents, representatives, or persons acting in your place or stead,
are hereby directed to refrain from implementing the assailed
COMELEC Omnibus Resolution promulgated on May 10, 2013 in SPP No.
12-157 (PLM) and SPP No. 12-191 (PLM) insofar as the COALITION OF
ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. is
concerned and to observe the status quo ante before the issuance of
the assailed COMELEC Resolution.
Furthermore, you shall reserve the seat(s) intended for
petitioner COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC. according to the votes it garnered in the May 13,
2013 elections; however, the proclamation insofar as petitioner is
concerned shall be held in abeyance until the present petitions are
decided by this Court.
GIVEN by the Supreme Court of the Philippines, this 5th day of
June 2013.
COPY FURNISHED:
Atty. ROMEO C. MANALO (x) Counsel for Petitioner/206844-45 S-307
The One Executive Office Building No.5 West Avenue Quezon City
The SOLICITOR GENERAL Cf) 134 Amorsolo St., Legaspi Village
Makati City
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Status Quo Ante Order
Atty. HERNAN G. NICDAO (x) Counsel for Petitioner/206982 Nicdao
Law Office 401 West Trade Center 132 West Avenue. Quezon City
PUBLIC INFORMATION OFFICE (x) Supreme Court ' j
G.R. Nos. 206844-45 & G.R. No. 206982
June 5, 2013
